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About Trademark

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration.

Practice Areas

Terminology

Terms such as "mark", "brand" and "logo" are sometimes used interchangeably with "trademark". "Trademark", however, also includes any device, brand, label, name, signature, word, letter, numerical, shape of goods, packaging, colour or combination of colours, smell, sound, movement or any combination thereof which is

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capable of distinguishing goods and services of one business from those of others. It must be capable of graphical representation and must be applied to goods or services for which it is registered.

Specialized types of trademark include certification marks, collective trademarks and defensive trademarks. A trademark which is popularly used to describe a product or service (rather than to distinguish the product or services from those of third parties) is sometimes known as a genericized trademark. If such a mark becomes synonymous with that product or service to the extent that the trademark owner can no longer enforce its proprietary rights, the mark becomes generic.

Trademark Law Treaty

The Trademark Law Treaty establishes a system pursuant to which member jurisdictions agree to standardize procedural aspects of the trademark registration process. It is not necessarily respective of rules within individual countries.

Sale, transfer and licensing

In various jurisdictions a trademark may be sold with or without the underlying goodwill which subsists in the business associated with the mark.However, this is not the case in the United States, where the courts have held that this would "be a fraud upon the public". In the U.S., trademark registration can therefore only be sold

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and assigned if accompanied by the sale of an underlying asset. Examples of assets whose sale would ordinarily support the assignment of a mark include the sale of the machinery used to produce the goods that bear the mark, or the sale of the corporation (or subsidiary) that produces the trademarked goods.

Most jurisdictions provide for the use of trademarks to be licensed to third parties. The licensor (usually the trademark owner) must monitor the quality of the goods being produced by the licensee to avoid the risk of trademark being deemed abandoned by the courts. A trademark license should therefore include appropriate provisions dealing with quality control, whereby the licensee provides warranties as to quality and the licensor has rights to inspection and monitoring.

Dilution

A trademark is diluted when the use of similar or identical trademarks in other non-competing markets means that the trademark in and of itself will lose its capacity to signify a single source.In other words, unlike ordinary trademark law, dilution protection extends to trademark uses that do not confuse consumers

regarding who has made a product. Instead, dilution protection law aims to protect sufficiently strong trademarks from losing their singular association in the public mind with a particular product, perhaps imagined if the trademark were to be encountered independently of any product (e.g., just the word Pepsi spoken, or on a billboard). Under trademark law, dilution occurs either when unauthorized use of a mark "blurs" the "distinctive nature of the mark" or "tarnishes it." Likelihood of confusion is not required.

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Background

Why Trademark?

In today’s world, people are more brand cautious than ever. On a daily basis there are more than 100 trademarks applied in U.A.E only.

History

In trademark treatises it is usually reported that blacksmiths who made swords in the Roman Empire are thought of as being the first users of trademarks. Other notable trademarks that have been used for a long time include Löwenbräu, which claims use of its lion mark since 1383. Registered trademarks involve registering the trademark with the government. The oldest registered trademarks in various countries include:

  • United Kingdom: 1876 – The Bass Brewery's Red Triangle for ale was the first trademark to be registered under the Trade Mark Registration Act 1875.
  • United States: Samson (a rope-making company), featuring a depiction of the Biblical figure Samson wrestling a lion, was the first to be trademarked in the United States in 1884, and is still used by that company today.
In 1980, there were fewer than ten thousand registered high-tech trademarks in the United States. In 2011, there are more than 300,000.

Intellectual Property

A lot of new businesses often overlook the critical need to protect their valuable trademarks in the enthusiasm for increasing profitability of the company. Applying a trademark and patent strategy creates synergies within your portfolio, enhancing your brand and developing customer loyalty. As more and more digital content goes online, litigations and infringements are on the rise. Any company aspiring to be successful, must now more than ever have a well thought-out brand strategy.They need to understand how to share and protect their own outputs in this online environment and avoid infringing the rights of others.

IP That Works For You

We at trademarks.co.bw understand that your business is too important to rely on “one size fits all” solutions to protect your intellectual property. We work closely with you to design a customized and strategic intellectual assets management plan. Through our IP consulting services we try to align the organization’s IP strategy with your business. IP Competitive Analysis Our experts research, monitor and analyze your direct competitor’s portfolios. We inform you of your competitors’ current patent activity. Further, our patent monitoring service allows you to capture future technology developments of your competitors, helping you to achieve that competitive edge.

Vital mentoring

We believe that protecting intellectual property is vital to sustainable business success. We offer education tools and seminars to help you understand the opportunities you have for intellectual property protection, commercialization and enforcement. Top rank expertise Drawing on a wide range of top-rank expertise at www.trademarks.co.bw, the Group includes attorneys, specialist consultants and support staff with long experience in industry and private practice. Their experience includes senior in-house IP management and board-level involvement within growing IP-aware companies. You deserve a legal adviser who is looking at the big picture – your business as a whole – and not just you’re IP. After all, there’s no point in having a trademark, patent or copyright if it doesn’t accomplish your goals. That’s why we start every discussion exploring where you want to be – only then can we draw a map to get you there. Our detailed services include.

  • Trademark Registration, Renewal and Amendments
  • Web Domain Name Purchase and Renewal
  • Trademark Classification, Selection and Additional Inclusions
  • Web Domain Name Trademark Registration
  • Patent Registration, Protection & Renewal
  • Design Registration and Protection
  • Infringement and Anti-Counterfeiting Consultancy
  • Copyright Registration & Protection